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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Allahabad High Court has declared that a suit for the mere declaration of civil death is maintainable even without claiming specific consequential relief, particularly in the context of Section 34 of the Specific Relief Act, 1963. The judgment, delivered by Hon'ble Arun Kumar Singh Deshwal, J., on 28th February 2024, in the case of Smt. Raeesa Bano vs. Smt. Tabassum Jahan And Ors., addresses the legal intricacies involved in declaring a person's civil death after being missing for over seven years.
Legal Point: The court delved into the interpretation of Section 34 of the Specific Relief Act, 1963, juxtaposing it with Section 108 of the Evidence Act, 1872, and Section 9 of the Code of Civil Procedure. The main issue revolved around whether a declaration of civil death is barred under Section 34 when no further relief is claimed.
Facts and Issues: Smt. Raeesa Bano, the appellant, sought the declaration of her husband's civil death under Section 108 of the Evidence Act, as he had been missing for over 13 years. Her initial suits were dismissed by the lower courts for not including the Electricity Department, where her husband was employed, and for lack of specific consequential relief claims.
Interpretation of Legal Precedents: The court referred to various precedents, including judgments from the Bombay High Court and previous rulings of the Allahabad High Court, to assert that such a suit is maintainable.
Analysis of Section 34 of the Specific Relief Act: The court observed that Section 34 does not bar a suit for the declaration of civil death but regulates suits that are of a mere declaratory nature without further relief.
Application of Section 9 of CPC: It was noted that all suits of a civil nature are maintainable before civil courts, except those expressly or impliedly barred.
Significance of Civil Death Declaration: Declaring a person's civil death was seen as substantial relief with immediate consequential effects, such as accruing benefits to legal heirs.
No Need for Specific Relief Against Electricity Department: The court highlighted that even without specific relief against the Electricity Department, the suit for declaring the death of Raeesa Bano's husband should not be dismissed as not maintainable under Section 34.
Decision: The Court allowed the appeal, setting aside the judgments of the lower courts. The matter was remanded to the Civil Judge, Senior Division, Mohanlalganj, Lucknow, for a fresh order. The Court directed a quick resolution, considering the evidence already adduced and the uncontested nature of the suit.
Date of Decision: 28th February 2024
Smt. Raeesa Bano vs. Smt. Tabassum Jahan And Ors.'
